Spain: Market and regulatory data analysis of the cannabis sector

3rd April 2024: Spain: The left-wing party Sumar, which is part of the current coalition government, has sent several written enquiries to the government about the official stance on recreational cannabis, press reports. Sumar, as highlighted in its political programme for the 2023 elections, is in favour of legalising recreational cannabis and wants to follow the same path as Germany. The party argues that regulating recreational cannabis could help fight the black market and could represent a new source of tax revenue. Currently, personal consumption of cannabis is decriminalised in the country, but there is no specific regulation in place.
15th February 2024: Spain: The Ministry of Health has started a public consultation process to gather proposals for drafting a medical cannabis bill. Proposals and suggestions must be sent to normativa.aemps@aemps.es. No further specific details about the content of the future bill have been revealed yet. However, according to the public consultation information sheet published, the bill is to be based on the conclusions from the Subcommittee on Medical Cannabis that were published in July 2022. The subcommittee proposed a prescription-based model in which cannabis could be accessed at hospital pharmacies. The public consultation will be open until 4th March 2024.
29th January 2024: Spain: On 26th January, the minister of health, Mónica García, announced in the Chamber of Deputies (lower chamber of parliament) that the bill on medical cannabis will be introduced in the coming months, press reports. She said that the bill will be based on the conclusions from the Subcommittee on Medical Cannabis that were published in July 2022. The subcommittee recommended a prescription-based model in which cannabis could only be dispensed at hospital pharmacies.
26th January 2024: Spain: Today, minister of health Mónica García will explain at the Chamber of Deputies (lower chamber of parliament) her plans in relation to the regulation of cannabis, press reports. She had already announced that the Ministry of Health was working alongside the Spanish Agency for Medicines and Health Products (AEMPS) on a regulatory report on how to regulate medical cannabis.
16th January 2024: Spain: Cannabis clubs in Barcelona are preparing to file a suit against Barcelona City Council to claim economic damages caused by a local regulation that established strict requirements for their functioning and which was overruled by the Supreme Court, press reports. Around 180 cannabis clubs argue that they had to spend tens of thousands of euros remodelling their premises to comply with the requirements and that they have been notified they must close the clubs due to the regulation having been overthrown by the Supreme Court.
16th January 2024: Spain: The left-wing party Podemos has introduced a bill on recreational cannabis, press reports. The party submitted a similar bill in 2021 that also aimed to regulate medical cannabis. However, Podemos now believes that medical cannabis should be regulated in a separate law. It has proposed the creation of the Spanish Agency for the Integral Regulation of Cannabis (Aecric) as a public body dependent on the Ministry of Social Rights, Consumer Affairs and 2030 Agenda. Podemos currently holds 5 seats out of 350 in the Spanish parliament.
8th January 2024: Spain: The Ministry of Health is working alongside the Spanish Agency for Medicines and Health Products (AEMPS) on a regulatory report on how to regulate medical cannabis, press reports. The AEMPS previously prepared a draft of this report following recommendations by the Subcommittee on Medical Cannabis in 2022, but it was never published. The document the ministry is working on is based on this draft and will consequently incorporate those recommendations, including that a prescription may be made only by authorised doctors and that medical cannabis can be prescribed only in hospital pharmacies.
3rd October 2023: Spain: According to the September update of the Spanish Agency for Medicines and Health Products (AEMPS)’s list of medical cannabis cultivation licence holders, there are currently 22 companies and entities authorised to produce cannabis in the country. This matches data in the latest report from the International Narcotics Control Board (INCB), which forecast production of medical cannabis in Spain to reach 9,000 kg by the end of 2023. If the forecast is fulfilled, it will represent a significant increase from last year’s production, which amounted to 6,000 kg. Even though cannabis production under licence is allowed, there is no legislation on medical cannabis production, sale and consumption. Despite several attempts to regulate medical cannabis last year, such as the creation of the subcommission on medical cannabis, no bill has yet been introduced, and July’s election results have left the future of cannabis on hold until a government is formed.
8th August 2023: Spain: A cannabis club in Dos Hermanas, in southern Spain, has been closed down after police discovered a cannabis production and distribution point on its premises, press reports. Cannabis clubs remain in a grey area in Spanish law, as group consumption of cannabis is decriminalised but not regulated. The legality of cannabis clubs is usually considered by courts on a case-by-case basis, but sales to third parties or non-members remain prohibited.
26th July 2023: Spain: A surprising result in Sunday’s general election, defying the prediction by most polls of a right-wing victory, means the present government could stay in power for the next four years, raising hopes for the long-awaited legalisation of medical cannabis. Both the Socialist Party and its potential coalition parter, the left-wing Sumar, included the regulation of medical cannabis in their election manifestoes. However, there is likely to be a fresh election in December, as the leftists may not gather enough support from other parties to form a government.
11th July 2023: Spain: The incumbent Socialist Party (PSOE) has included medical cannabis in its manifesto for the 23rd July general election, saying it plans to develop a scheme that allows patients access to regulated cannabis. The left-wing party Sumar, a potential coalition partner of the PSOE, has also said it aims to regulate cannabis, both medical and recreational, legalising consumption and non-profit self-production. Other parties expected to gain a significant number of seats in the election, including the right-wing People’s Party (PP) and VOX, make no mention of cannabis in their own programmes.

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